Division of Licensing Services

Emergency Waivers

The Division of Licensing Services is responsible for reviewing and approving waivers for certain state licensure rule requirement. The Division will also work with Centers for Medicare and Medicaid Services (CMS) to assist certified facilities during specific types of declared emergencies with requesting CMS waivers for certain Conditions of Participation or Conditions for Coverage.

CMS Waiver for Regulatory Requirements

Requires a presidential declared state of emergency under Stafford Act of National Emergency Act; and a waiver or modification is invoked by the Secretary of the Department of Health and Human Services.

Protocol for requesting the 1135 CMS Waiver:

Waivers require the Secretary of State to Invoke the Emergency

Request directly to CMS with a copy to the State Survey Agency (ADHS – Division of Licensing)

Additional Resources

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